Bront v. Bernhoft CA2/1
Defendants and appellants Robert G. Bernhoft and The Bernhoft Law Firm, S.C., challenge the trial court’s denial of Bernhoft’s petition to vacate an arbitration award in favor of plaintiff and respondent Albert Bront, as well as the trial court’s order confirming the arbitration award. While the arbitration was pending, Bront filed a bankruptcy petition in which he claimed not to have any valuable unliquidated claims. Bernhoft contends that Bront, by taking inconsistent positions in bankruptcy court and in his arbitration proceedings, attempted to fraudulently claim funds to which he was not entitled. Bernhoft argues that the trial court erred when it found that it lacked the authority to exercise equitable power to vacate the arbitration award under a theory of judicial estoppel. We disagree with Bernhoft’s position. Nevertheless, we reverse the judgment of the trial court on the ground that the claim against Bernhoft belonged to the bankruptcy estate, and that Bront lac
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